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Neglect is a Form of Child Abuse. Protect our Children, Provide them with Safe and Nurturing Environments

10 September 2018

In the last article, we shared information on matters
related to leaving children unattended. Aside from leaving child(ren)
unattended, there were child abuse cases that involved parents or caregivers
neglecting the basic needs of their children or children under their care. This
article will continue to share information with readers about child abuse by
neglect, the importance in providing sufficient supplies, care, and support for
their children as well as the legal consequences for neglecting children’s
needs by the sharing some cases that happened in Hong Kong.

When the subject of child abuse is brought up, often
the first things that come to people’s minds will be physical or sexual
Abuses.Readers and the general public
lack understanding about neglect as a form of child abuse. As quoted by UNICEF
in its Review on the maltreatment of children published in 2012, “Neglect” can
be broadly defined as “the failure to provide for the development of the child
in all spheres: health, education, emotional development, nutrition, shelter,
and safe living conditions, in the context of resources reasonably available to
the family or caretakers and causes or has a high probability of causing harm
to the child’s health or physical, mental, spiritual, moral or social
development. This includes the failure to properly supervise and protect
children from harm as much as is feasible”. The same Review also quoted
statistics from a survey conducted in the Philippines, where many of our
readers come from, that 40% of grade six students felt they were not provided
with appropriate food and care and were frequently left home alone.

As we have mentioned in the previous article, child
abuse by neglect is a criminal offence in Hong Kong. The "Offences Against
the Person Ordinance" (Cap. 212, clause 26-27) stipulates that any person
who unlawfully abandons or exposes any child, being under the age of two years, whereby the life of such child is
endangered, or the health of such a child is or is likely to be permanently
injured; or any person who willfully assaults, ill-treats, neglects, abandons
or exposes such a child or young person under the age of 16 years under his custody, charge or care in a
manner likely to cause such a child or young person unnecessary suffering or
injury to his health shall be guilty of a criminal offence.

One of the cases that we would like to share is the
widely publicized case of Herminia Garcia, a Filipino mother whose 15-year old
daughter fell to her death from the luxury apartment that she shared with her
partner, Nick Cousins. Garcia arrived in Hong Kong as a Foreign Domestic Worker
(FDW) in 1994. She met Cousins and subsequently gave birth to two daughters in
1999 and 2000 at a private hospital in Hong Kong. The birth of their daughters
was never registered and the girls did not own any travel documents. Without
legal identities, the girls did not attend formal school and received their
education through private tuition. Devastated by the passing of their daughter,
Garcia and Cousins were arrested for neglect under Cap. 212. Although the
charges against them were subsequently dropped, Garcia was given a 12-month
jail sentence for overstaying her visa.

The case of Garcia and Cousins was controversial.
While they loved their daughters, offered them private tuition and a
comfortable living environment, the girls lacked legal identity, documentation,
formal education and the right to freely develop their social life. As Garcia
had overstayed her visa, the public generally believed that their decision was
linked to her illegitimate immigration status in Hong Kong and her fear of
deportation.

PathFinders has handled a number of cases of pregnant
FDWs and migrant women who have overstayed their visa or whose visa was
cancelled after being illegally dismissed by their employers. Pregnant mothers
and mothers-to-be are advised to consider the risk and danger that they, their
child(ren) and unborn child may face if living illegally in a compromised
environment. PathFinders provides legal, healthcare and shelter support to
pregnant FDWs and migrant women, assisting them with the process of
surrendering to authorities and accessing available services through legal
channels.

Another serious case of child neglect came to light in
July 2015 when Mandy Wong carried her daughter, 7-year-old Suki Ling, to the
hospital in a state of cardiac arrest, malnourished and covered with multiple
wounds. Suki was so badly abused that she never regained consciousness and
doctors believed that she would not live past 20. Suki was believed to be
deprived of basic physical, emotional and medical care by her parents. In an
attempt to defend herself, Wong claimed that Suki was anorexic and refused to
eat. In July 2018, the judge called Suki “a Cinderella, an unwanted child who
do not have a fairytale ending” as he handed Wong 10-year imprisonment, the
maximum penalty for the violation of Cap. 212.

The two cases show that child abuse by neglect is not
limited to acts that deliberately deprive a child of their basic needs and
necessary care but also includes negligence by failing to protecting a child
from danger, harm and unnecessary suffering. Children under the age of 16 may
not be mature enough to to proactively seek help. Hence, parents and caregivers
should prioritize their children’s safety and wellbeing over their personal
interests, never neglect the importance of monitoring the physical and
emotional wellness of their children, and should act proactively to provide
necessary support.

Childcare support and child-rearing can be costly in
Hong Kong. Parents and caregivers from less financially secure families may
struggle to make ends meet and are often unable to provide for the needs and
adequately care for their children. In Hong Kong, certain public and subsidized
services are available to help these low-income families. Parents and
caregivers are advised to contact Social Welfare Department or NGOs including
PathFinders for assistance.

Apart from legal, healthcare
and shelter services, PathFinders provides education workshops to pregnant
migrant workers in distress and their Hong Kong-born children about childcare
and parenting, and equips them with knowledge and practical advice about
children’s developmental needs, and advice on how to protect them from abuse,
be that virtual, physical or verbal. For information about PathFinders’
workshops, please visit our website at www.PathFinders.org.hk or call our
client hotline.

If you suspect child abuse, please call the Hong Kong
Police at 999. If you need other general advice and support, please contact
Social Welfare Department at 2343 2255.